Design Within Reach, Inc. and Heller Inc. have amicably resolved the litigation captioned Heller Inc. v. Design Within Reach, Inc., et al., Case No. 09 CV 1909 (S.D.N.Y).
In the suit Heller sued Design Within Reach for various different claims including trademark dilution and trade dress infringement, in violation of the Lanhan Act § 43, 15 U.S.C. § 1125 and New York Gen. Bus. Law § 360-l. DWR moved to dismiss Heller's federal dilution claim and trade dress claims as they relate to federal unfair competition, state injury to company reputation, and common law trade dress infringement and unfair competition.
Since 1998, Heller makes and sells the "Bellini Chair". In the past The Bellini Chair has won several prestiguous awards, including the Compasso d'Oro in 2001, and is part of the permanent collection of the Metropolitan Museum of Art in New York City. Since 1998, Heller sold more than 180,00 units of the Bellini Chair, generating an impressive number of sales of over $9 million. Heller asserted that the Bellini Chair acquired secondary meaning among the trade and the public as being identified exclusively with Heller.
In 2007 Heller received a trade dress registration from the United States Patent and Trademark Office. The PTO issued the registration without requiring Heller to show proof of acquired secondary meaning. DWR's founder and former director submitted a declaration in support of Heller's trade dress application in which he stated that "the relevant public interested in contemporary furniture understands the source of the Bellini Chair to be Heller Design, Inc."
Design Within Reach sold a chair that is identical to the Bellini Chair except for a small detail that includes a crescent-shaped opening in the back of the chair. The Design Within Reach chair has a lower retail price than the Bellini Chair and, according to Heller, is of inferior quality.
Both parties now say they are pleased with the resolution of the dispute and look forward to a mutually beneficial relationship in the future. In particular, the parties wish to "express Heller's strong belief in the new direction of Design Within Reach, and Design Within Reach's deep respect and support for Heller and its designs," said DWR in a press release.
